delaware resident shooting in md. clairification

nethinim · Nov 18, 2015

good morning all

just over two years ago I joined this forum because I am living in Delaware and was shooting at elk neck and was seeking clarity on sb281.

my initial question was could I continue to bring my AR platform into Maryland to shoot. because as I read the law it was illegal and a felony to transport my ar in and out of Maryland. in 2013 I received two responses one said no and one said maybe.

have not shot ar's in over 2 years. no place to shoot them.

so

I now shoot at a private range near galena. I was their shooting my bolt gun talking to another Delaware resident. he showed me an email reply from a Colonel Pallozzi "md state police" whom he asked about bringing his ar into md.

the email states " as long as the ar was purchased prior to oct 1 2013 you may bring your firearm with you (to range). if your ar was purchased after oct 1 2013 you may not bring it into Maryland".

email cites criminal law 4-303 (b) (3) "lawfully possess" "have purchase order for" or "completed application to purchase an assault long gun" prior to oct 1 2013 may possess and transport an assault long gun or copycat weapon.

I would really like to shoot the ar's again they have only been out of cases to be oiled for 2 years.

my issue is I am a therapist and am required to be licensed to work. and will lose my license if convicted of felony "transporting an ar into md."??

so what I get from this other Delaware resident shooting in md response by md state police.

is that as long as I can prove that I purchased my ar's before oct 1 2013 I am not breaking law transporting my ar's into md.

like I said I cannot afford a felony charge I would lose my lively hood.

so some clairification / confirmation would be greatly appreciated.

thanks

it said as long as ar's

Rab1515 · Nov 18, 2015

As long as the AR were purchased pre SB281, you are good to go. If after, they must be heavy barreled.

swinokur · Nov 18, 2015

^^^^^^

THIS

dblas · Nov 18, 2015

nethinim said:
good morning all

just over two years ago I joined this forum because I am living in Delaware and was shooting at elk neck and was seeking clarity on sb281.

my initial question was could I continue to bring my AR platform into Maryland to shoot. because as I read the law it was illegal and a felony to transport my ar in and out of Maryland. in 2013 I received two responses one said no and one said maybe.

have not shot ar's in over 2 years. no place to shoot them.

so

I now shoot at a private range near galena. I was their shooting my bolt gun talking to another Delaware resident. he showed me an email reply from a Colonel Pallozzi "md state police" whom he asked about bringing his ar into md.

the email states " as long as the ar was purchased prior to oct 1 2013 you may bring your firearm with you (to range). if your ar was purchased after oct 1 2013 you may not bring it into Maryland".

email cites criminal law 4-303 (b) (3) "lawfully possess" "have purchase order for" or "completed application to purchase an assault long gun" prior to oct 1 2013 may possess and transport an assault long gun or copycat weapon.

I would really like to shoot the ar's again they have only been out of cases to be oiled for 2 years.

my issue is I am a therapist and am required to be licensed to work. and will lose my license if convicted of felony "transporting an ar into md."??

so what I get from this other Delaware resident shooting in md response by md state police.

is that as long as I can prove that I purchased my ar's before oct 1 2013 I am not breaking law transporting my ar's into md.

like I said I cannot afford a felony charge I would lose my lively hood.

so some clairification / confirmation would be greatly appreciated.

thanks

it said as long as ar's

So I have to ask, what is the actual cause of the fear you have of bringing your firearms into MD?
Law enforcement doesn't pull everyone over and check their firearms at the state boarder.
Law enforcement doesn't stand at every range and check every firearm pulled out of the case to be fired.
Law enforcement doesn't pull anyone over going to or coming from a range and check their firearms.

So I have to ask, what is your actual fear? How do you perceive the possibility of coming under a situation that would require law enforcement to check your firearms?

Pinecone · Nov 18, 2015

So if it is not legal for him to bring them here, you are suggesting he ignore the law?

Many people don't want to break the law, even if there is little chance they will be caught.

Wendigo · Nov 18, 2015

nethinim said:
is that as long as I can prove that I purchased my ar's before oct 1 2013 I am not breaking law transporting my ar's into md

Since Maryland is still technically part of the USA, the state would have to prove you acquired it after 10/1/13. There is no burden on you to prove your innocence. It may be wise to keep receipts or transfer papers but you shouldn't need to carry them around with the rifle.

mac1_131 · Nov 18, 2015

Gosh this thread got off to a great start.

The email you got was accurate.

If it is banned now you had to have it before the effective date of the law to continue to bring it in to MD. Burden of proof should fall on the state.

Remember AR15 HBARs are not banned so they don't matter.

You can transport a rifle for any legal purposes in MD assuming it is unloaded.

Transporting it loaded might run you afoul of DNR hunting regulations.

Sent from my XT1080 using Tapatalk 2

Rab1515 · Nov 18, 2015

The one exception to bringing a post-SB281 rifle into MD is if and only if you are passing though, although i cannot remember exactly why, just it has to do with interstate travel laws. Some one care to confirm/cite that?

mac1_131 · Nov 18, 2015

FOPA

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GTOGUNNER · Nov 18, 2015

No way. Do not bring it to Maryland.

Blacksmith101 · Nov 18, 2015

Why don't you email Colonel Pallozzi yourself and get the answers straight from the horses mouth instead of relying on random opinions garnered from a internet board?

Rab1515 · Nov 18, 2015

GTOGUNNER said:
No way. Do not bring it to Maryland.

Why not? The email he obtained says that he is GTG, all his AR's are pre SB 281. OP if you are still unsure send and email and/or look at the law itself.

nethinim · Nov 19, 2015

thank you
mac1 131

and thank you all who have attempted to be helpful.

unfortunately mac1 131 you can see why it has been 2 yrs since I have been on your forum

GTOGUNNER · Nov 19, 2015

Rab1515 said:
Why not? The email he obtained says that he is GTG, all his AR's are pre SB 281. OP if you are still unsure send and email and/or look at the law itself.

He saw an email someone else had.

Before FSA 2013, most AR 15s were regulated in MD and registered. Now most are banned.
He is not a citizen of Maryland, FOPA won't cover him as MD is his destination.

He says "AR Platform" AR10?? SBR? He's not clear.

Why take the chance, a mere arrest may ruin his career.

swinokur · Nov 19, 2015

Rab1515 said:
The one exception to bringing a post-SB281 rifle into MD is if and only if you are passing though, although i cannot remember exactly why, just it has to do with interstate travel laws. Some one care to confirm/cite that?

He did state FOPA only protects you while passing through MD. That part is correct. If MD is your destination it would be illegal, if it's a post 10-1-13 non HBAR.

pseudonym · Nov 19, 2015

nethinim said:
delaware resident shooting in md. clairification

I don't believe you are legally allowed to shoot Delaware residents in MD except in self-defense situations. At least that's what I though when I read the title.

Hollywood Ball · Nov 19, 2015

nethinim said:
good morning all

just over two years ago I joined this forum because I am living in Delaware and was shooting at elk neck and was seeking clarity on sb281.

my initial question was could I continue to bring my AR platform into Maryland to shoot. because as I read the law it was illegal and a felony to transport my ar in and out of Maryland. in 2013 I received two responses one said no and one said maybe.

have not shot ar's in over 2 years. no place to shoot them.

so

I now shoot at a private range near galena. I was their shooting my bolt gun talking to another Delaware resident. he showed me an email reply from a Colonel Pallozzi "md state police" whom he asked about bringing his ar into md.

the email states " as long as the ar was purchased prior to oct 1 2013 you may bring your firearm with you (to range). if your ar was purchased after oct 1 2013 you may not bring it into Maryland".

email cites criminal law 4-303 (b) (3) "lawfully possess" "have purchase order for" or "completed application to purchase an assault long gun" prior to oct 1 2013 may possess and transport an assault long gun or copycat weapon.

I would really like to shoot the ar's again they have only been out of cases to be oiled for 2 years.

my issue is I am a therapist and am required to be licensed to work. and will lose my license if convicted of felony "transporting an ar into md."??

so what I get from this other Delaware resident shooting in md response by md state police.

is that as long as I can prove that I purchased my ar's before oct 1 2013 I am not breaking law transporting my ar's into md.

like I said I cannot afford a felony charge I would lose my lively hood.

so some clairification / confirmation would be greatly appreciated.

thanks

it said as long as ar's

You have to prove nothing. If it were to be questioned, the burden of proof is on the State.

Minuteman · Nov 19, 2015

Rab1515 said:
As long as the AR were purchased pre SB281, you are good to go. If after, they must be heavy barreled.

swinokur said:
He did state FOPA only protects you while passing through MD. That part is correct. If MD is your destination it would be illegal, if it's a post 10-1-13 non HBAR.

The above true and correct. To my understanding of our crazy laws; I'm not a lawyer.

nethinim said:
thank you
mac1 131

and thank you all who have attempted to be helpful.

unfortunately mac1 131 you can see why it has been 2 yrs since I have been on your forum

Glad the advice helped, and sorry you feel out of place. I don't always agree with dblas, but I don't think he intended anything negative. Like he and several others have said, the police would have to prove you purchased after the new law went into effect; this would only happen if there were a problem.

N3YMY · Nov 19, 2015

Pinecone said:
Many people don't want to break the law, even if there is little chance they will be caught.

Sadly this. :sad20:

As complicated and oppressive the PRMDs laws are WRT 2A, I can easily see how the lawful citizen is fearful of doing the wrong thing.

These laws only impact the lawful, not the lawless.

Of course I realize I'm preaching to the choir here :rolleyes:

Rab1515 · Nov 19, 2015

One of the (many) goals of SB281 was to make it exceedingly difficult to know exactly where the law stands. In essence, a deterrent to owning firearms as they may/may not be legal.

delaware resident shooting in md. clairification

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